Hello there,
My name is Mitchell, and I am writing this complaint in hopes that I can keep someone else from going through what I went through with this attorney.
I hired Michael MacLellan to represent me in a dissolution case, where my ex-wife and her father had made many false claims about me. They also killed a business we ran together on ebay, eliminating my capability to make an income. I then went to my old neighborhood, and solicited for some handyman jobs, and worked day and night to get Michael his retainer of $5,000.00,2, 500 more than the average, but I was hoping I was getting a good attorney, and submitted the retainer to him, one check for an immediate $3,000.00, and a second to be deposited in two weeks.
Right from the get go, I felt something was going on, when I e-mailed opposing counsel, informing them I was now represented, and received a return e-mail the next day, stating they contacted Michael MacLellan's office, and was told I had NOT retained his services. I contacted his office, and was informed by his wife, and parralegal, that this was part of Michael's strategy.
Later that week, I met with Michael, and while I was in his office, he telephoned opposing counsel, and told them he was representing me... What strategy???
Michael then requested ALL of my paperwork (court documents, appointments calendered, etc.). He said his wife was the queen of organization, and that she would organize my file, and I would be notified of any and all appointments. I was in the middle of an emegency screening process, and opposing counsel had met with the mediator absent my presence, and scheduled a followup appointment, at which I missed, causing me to lose custody of my children. The reason I was offered for not being notified, was due to the fact Michael MacLellan never filed the paperwork recording as my attorney of record. I later found that this was to be recorded immediately upon signing the attorney client fee agreement.
The second problem I had with Michael, was when I had informed him of my ex wife's illness (cancer), and he asked me why I want to hire an attorney "why don't you just wait out the inevitable" Honestly, I did not say anything about his comment, as I was terribly hurt over all of the nasty things my ex and her father were inflicting on me.
Michael was representing me??? For approximately 4 weeks when I began calling every other day to see what, if anything was going on in my own dissolution case, only to be told by either his wife or his secretary he was in court. After a week of daily calls, his wife had informed me that Michael was in the closing stages of a very lengthy (2 year) case, and once it was finalized in the next couple of days, he would devote his attention on my case. She went on to say, I know he has been neglecting you, due to this case, but as soon as it is finalized, you will have all of his attention, and other clients will suffer. I am not an attorney, and I know there is no way he is making money servicing one client at a time... Nonsense!
The final straw, and the reason for this complaint... I telephoned several days AFTER being told Michael would be devoting his time on my case, and spoke to his secretary, whom was suddenly very rude to me, and was told Michael was not available. I explained my concern to her on my cell, driving on 152 through the pass, and lost my signal. Now I have lost my signal with her before, as well as with Michael and his wife, but this time she told Michael I hung up on her... Unless Michael made that up too.
Went I arrived at my destination, I called his office again, and was greeted by his wife, whom began to inform me that they will no longer be representing me. I told her that I could not believe they could sleep at night, with the way they neglect thier client's, then when called to the carpet, drop them, and keep thier money. They did send me a partial refund from the retainer I paid.
Adding insult to injury, Michael was displeased over my comment, and sent an e-mail questioning my integrity and forth riteousness, big time! The reason he did this is because he was very aware of allegations made by my ex and her father, that i was violent.
I sent Michael a reply, discussing the fact that I was not employed, and without my retainer, I could not hire another attorney. He flattly refused, telling me that was my problem. It took me about a month to regain enough money to hire another attorney, and during that time, I was steamrolled by opposing counsel. (I have copies of the e-mail communications between Michael MacLellan and myself)
I also made it clear to Michael, that I would take advantage of any avenue's available to consumers to protect my rights... He responded by threatening to sue me.
If anyone knows of any other avenues available, please contact me, and thanks for reading my complaint.
Mitchell
San Jose, California
U.S.A.
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